Forest Sector Legislations and Regulations in Ghana

Let’s continue with our journey through Ghana’s forest Management in this International Year of Forests. After looking at the policies, we have now reached the “Forest Sector Legislation and Regulations in Ghana”. Policies without backing legislation are good as not existing because the legislation gives life and meaning to the policy and also ensures a successful implementation of the policy. At this stage, let’s concern ourselves with some historical background to Ghana’s forest laws and some pre-independence regulations in the forest sector.

A Historical background
The first enactment with a bearing on forests was the Native Jurisdiction Ordinance, 1883. This ordinance empowered traditional councils to make bye-laws to protect water courses and conserve forests (Agbosu, 1983). The response from timber merchants to the likely threat of restrictions on forest harvests was an immediate large scale increase in timber harvest for use as fuel and props in the mines and for exports to Europe.

The colonial administration then came up with the Forest Reservation and water Courses Protection Ordinance in 1889. This ordinance was to protect forests but according to Agbosu (1983) it never came into force because of objection from timber firms, the middle class and traditional authorities. The objection to this regulation was mainly because people the timber firms, the middle class and traditional authorities foresaw a negative effect on their business and profits. Other Ordinances that followed included the Concessions Ordinance to govern the acquisition of timber concessions; and the abortive Timber Protection Ordinance which sought to regulate some aspects of the timber trade. They were vehemently objected to by both the British merchants and the local middle-classed because of their selfish economic/monetary considerations. After much back and forth and objections to forest bills, it was not until 1927 that the first forest statute was passed.

The Forest Ordinance, 1927 – Cap 157
Cap 157 led to the creation of forest reserves. The ordinance vested power in an appointment of a Reserve Settlement Commissioner (RSC). The commissioner had the authority to listen and judge on claims of rights over a proposed area. The judgement of the RSC informed the government in publishing the final order making an area a forest reserve.

The Forests (Amendment) Ordinance, 1954
In 1954, Cap 157 was amended and there came “The Forests (Amendment) Ordinance, 1954”. It concerned the procedures in an enquiry by the Reserve Settlement Commissioner in respect of rights of a proposed Forest Reserve and procedures with a native Court. Among the amendments included a new definition of “Native Court” and it also introduced a “Native Appeal Court”. A “Native court meant a court constituted under the provisions of any Ordinance, but, notwithstanding the provisions of any Ordinance to the contrary, shall not include such Native Court, when sitting as a “Native Appeal Court”. ' Native Appeal Court ' means a court constituted as a Native Appeal Court under the provisions of any Ordinance, and sitting as such. The ordinance provided for dispute resolution with respect to ownership of land in reserves and differentiated the roles of the Native Court, Native Appeal Court and the Reserve Settlement Commissioner.

So, the resistance to forest laws in Ghana has a long history. The selfish interests of timber merchants and national authorities have been at the centre of non-adherence to our forest laws and regulations. The forest has always been seen as an avenue to make money and this interest has made enforcement of forest laws and regulations very difficult. Agbosu (1983) in an analysis of the forest regulations during the colonial era points out that the provisions in all the ordinances clearly showed that the colonial government was interested in the revenue it will get rather than protecting the forests. In the end one may ask, what the use of regulations is when it cannot give any life to the policies. In actual fact, these laws may be seen to be killing the policies. In the end, do we make laws for making sake?

Weak legal and judicial systems – where laws are not enforced and non-compliance and corruption are the norm – undermine respect for the rule of law, engender environmental degradation, and undermine progress towards sustainable development

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The 1994 Forest and Wildlife Policy of GHANA

"The best friend of earth of man is the tree. When we use the tree respectfully and economically, we have one of the greatest resources on the earth." - Frank Lloyd Wright

After over 40 years of implementing the 1948 Forest policy which had led to a trend towards what some early forest researchers had called the “timberisation” of forestry, there was the need for a new direction in managing Ghana's forest resources. How did it happen? Let's continue with our journey............

By the late 1980s and early 1990s, Ghana’s forests were under excessive exploitation, illegal harvesting led by chain saw operators was flourishing excessively and prescribed harvesting procedures were being flouted with impunity. Worst of all, forestry institutions had become demoralized and inefficient because of continued underfunding. Concerns and agitations from major stakeholders and growing global interests in forest loss culminated in the revision of the old forest policy and eventually, the new Forest and Wildlife policy in 1994 (MLF, 1994).

The overall aim of the Forest and Wildlife Policy, 1994, is conservation and sustainable development of the nation's forest and wildlife for maintenance of environmental quality and perpetual flow of benefits to all parts of society. The two fold aim of environmental quality and sustainable benefits had the following specific objectives:

i) Management and improvement of Ghana's permanent forest estate for preservation of soil and water, conservation of biological diversity, environmental stability and sustainable production of domestic and commercial products;

ii) Promotion of efficient forest-based industries, in secondary and tertiary processing, to use timber and other products from forests and wildlife and satisfy domestic and international demand with competitively priced products;

iii) Promotion of public awareness and involvement of rural people in forest and wildlife conservation to maintain life-sustaining systems, preserve scenic areas and enhance potential for recreation, tourism and income generating opportunities.

iv) Promotion of research-based and technology-led forestry and wildlife management to ensure forest sustainability, socio-economic growth and environmental stability;

v) Development of effective capacity and competence at district, regional and national levels for sustainable management of forest and wildlife.

This is 2011 so Ghana has been guided by the 1994 policy for about 17 years. There are issues to think about and the major ones are:

1. How has this policy contributed in the conservation and sustainable development of the nation's forest and wildlife for maintenance of environmental quality and perpetual flow of benefits to all parts of society?
2. Is it time for reviewing the policy or we need to wait for about 40 years.
3. Is the current Forest and Wildlife Policy still relevant in the climate change era?

"Clear cutting of our forests should be illegal, selective harvesting should be employed." - Catherine Pulisfer

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